Vista

The attorney for a Vista man charged with trying to murder two sheriff’s deputies told jurors Friday that the shootings were in self-defense because the two lawmen fired first.

However, James Bennetts, a deputy sheriff shot in the right shoulder by Phelps, testified that Phelps initiated the shooting.

The attorneys made their opening statements Friday before a jury which was seated Thursday and before Superior Court Judge William Mudd.

Phelps, 27, is charged with shooting Bennetts on July 31, 1987, after peppering his patrol car with gunfire, and also shooting at deputy Alfred MacKrille on Aug. 2.

Phelps’ attorney, John Emerson, said his client will testify about his version of the shootings.

He said Phelps tried to elude capture from Bennetts because he had a gun in the car and didn’t want to be stopped with it. Emerson said both Bennetts and MacKrille fired first in the separate incidents.

Bennetts testified he was investigating a burglary on the same street where Phelps lived in Vista when he saw Phelps. He began to chase him because he said he was aware Phelps had some outstanding warrants for his arrest.

The officer said Phelps had a no-bail warrant resulting from an assault of another deputy at County Jail in Vista.

Bennetts said Phelps stopped his vehicle after a chase and felt his patrol car’s window shatter in his face from a bullet. He said he saw Phelps with a gun some distance away and returned two shots, which missed.

Even though Bennetts was wearing a bulletproof vest, a bullet struck him above the vest on the shoulder. He said he was hospitalized for five days.

A 14-year-old Vista boy who saw the gunfight will continue his testimony Monday, when the trial resumes.

Phelps is facing a second trial March 29 on conspiracy to manufacture methamphetamine charges.